Commentary

65 Creating discretionary trusts

POWERS OF APPOINTMENT vol 33
| Commentary

65 Creating discretionary trusts

| Commentary

65 Creating discretionary trusts

Is the power of advancement sufficiently wide to allow trustees to make a settled advance on discretionary trusts? In Re Wills’ Will Trusts, Wills v Wills1, Upjohn J said that:

‘any settlement made by way of advancement upon an object of the power by trustees must not conflict with the principle delegatus non potest delegare. Thus, unless upon its proper construction the power of advancement permits delegation of powers and discretions, a settlement created in exercise of the power of advancement cannot in general delegate any powers or discretions, at any rate in relation to beneficial interests,

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